WVC 22 - 11 - 25
§22-11-25. Civil liability; Natural Resources Game Fish and
Aquatic Life Fund; use of funds.
If any loss of game fish or aquatic life results from a person
or persons' failure or refusal to discharge any duty imposed upon
such person by this article, section seven, article six of this
chapter or article eleven-a of this chapter, either the West
Virginia Division of Natural Resources or the Division of
Environmental Protection, or both jointly may initiate a civil
action on behalf of the State of West Virginia to recover from such
person or persons causing such loss a sum equal to the cost of
replacing such game fish or aquatic life. Any moneys so collected
shall be deposited in a special revenue fund entitled "Natural
Resources Game Fish and Aquatic Life Fund" and shall be expended as
hereinafter provided. The fund shall be expended to stock waters
of this state with game fish and aquatic life. Where feasible, the
Director of the Division of Natural Resources shall use any sum
collected in accordance with the provisions of this section to
stock waters in the area in which the loss resulting in the
collection of such sum occurred. Any balance of such sum shall
remain in said fund and be expended to stock state-owned and
operated fishing lakes and ponds, wherever located in this state,
with game fish and aquatic life.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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